Handgun in a store? CCW question?

tcc722 · Nov 29, 2010

A good friend of mine owns a Subway. The other day he was robbed at gunpoint. He called me with a couple questions. I now live in PA, so I didn't have the answers for him, but I told him that I knew a place to get them. So here you go... He asked,

If he could legally keep a handgun in his store, and if there was a different way it had to be registered.

Any chance of getting a CCW? (I told him highly doubtful)

Thanks for replies. I won't be able to check back until tomorrow.

joppaj · Nov 29, 2010

Is he here in MD and does he OWN the shop or MANAGE the shop?

traveller · Nov 29, 2010

He needs to be robbed one more time. Getting killed or close to it will also make him eligible

If he owns the store , he would be within his rights to carry without a permit INSIDE of the store and to transport the gun back and forth unloaded in a locked container. If he puts one foot outside the store while carrying, he could be subject to prosecution.

Given the cash-flow of a subway store and the documented robbery, he may be able to get a CCW under the 'carries currency' criterion. That would keep him legal to put his foot outside the store and to carry while driving home.

MDFF2008 · Nov 29, 2010

traveller said:
He needs to be robbed one more time. Getting killed or close to it will also make him eligible

If he owns the store , he would be within his rights to carry without a permit INSIDE of the store and to transport the gun back and forth unloaded in a locked container. If he puts one foot outside the store while carrying, he could be subject to prosecution.

Given the cash-flow of a subway store and the documented robbery, he may be able to get a CCW under the 'carries currency' criterion. That would keep him legal to put his foot outside the store and to carry while driving home.

It's fairly easy to get a permit to carry to transport cash deposits.

Now easy is a relative term, so for reference I'm saying easier than getting one for personal defense.

Teemus · Nov 29, 2010

Even if he owns the franchise, he had better check with Subway's Policies and Procedures Manual. THey may be one of those companies who are stupid enough to forbid employees from defending themselves lest Subway be sued by the estate of the perp when this guy lights them up the next time they come in to rob him.

Name Taken · Nov 29, 2010

Store in Owings Mills?

montoya32 · Nov 29, 2010

traveller said:
He needs to be robbed one more time. Getting killed or close to it will also make him eligible

If he owns the store , he would be within his rights to carry without a permit INSIDE of the store and to transport the gun back and forth unloaded in a locked container. If he puts one foot outside the store while carrying, he could be subject to prosecution.

Given the cash-flow of a subway store and the documented robbery, he may be able to get a CCW under the 'carries currency' criterion. That would keep him legal to put his foot outside the store and to carry while driving home.

I would think he could carry on store property. It all depends on what property belongs to the store/is being leased by the business.

alucard0822 · Nov 30, 2010

from MD code § 4-203. Wearing, carrying, or transporting handgun

(b) Exceptions.- This section does not prohibit

(6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;

(7) the wearing, carrying, or transporting of a handgun by a supervisory employee:

(i) in the course of employment;

(ii) within the confines of the business establishment in which the supervisory employee is employed; and

(iii) when so authorized by the owner or manager of the business establishment;

If he is the owner, manager, or is a "supervisory employee" and has the permission of the owner or manager he is legal. The policy of Subway or the terms of the lease may say different, but they don't carry the weight of the law. If he can prove that he makes cash deposits, he stands a good chance of getting a permit that would allow him to carry outside of the store.

tcc722 · Nov 30, 2010

joppaj said:
Is he here in MD and does he OWN the shop or MANAGE the shop?

Yes he lives in Md and owns the shop

tcc722 · Nov 30, 2010

Name Taken said:
Store in Owings Mills?

Yep

E.Shell · Nov 30, 2010

traveller said:
....If he owns the store , he would be within his rights to carry without a permit INSIDE of the store and to transport the gun back and forth unloaded in a locked container.

The law does not require a locked container, only an enclosed holster or case.

gamer_jim · Nov 30, 2010

tcc722 said:
Yes he lives in Md and owns the shop

joppaj said:
Is he here in MD and does he OWN the shop or MANAGE the shop?

The Subway in Owings Mills got robbed? :sad20:

Goldengoose · Nov 30, 2010

Name Taken said:
Store in Owings Mills?

BAD BAD BAD Area, gangs are taking over, go to the movies there an you will see what I am talking about. LEO's have there hands full..... :sad20:

Crime statistics might help get CCW since he is the store owner???

Abacab · Dec 1, 2010

Goldengoose said:
BAD BAD BAD Area, gangs are taking over, go to the movies there an you will see what I am talking about. LEO's have there hands full..... Crime statistics might help get CCW since he is the store owner???

I grew up in 'Garrison' when it was still rural. We called it Owings Mills. There was a corn farm right next to where the Lenny's deli is.

The mall used to have a Saks Fifth Avenue.....my how times have changed.

DocPeanut · Dec 1, 2010

The mall has about 15 stores left. Everyone basically shut the doors in the mall

xd40c · Dec 1, 2010

He can carry in his store that he owns or leases, no permit needed.

Now if he is in a mall or other shopping center, he may have issues with the Center's operators. He'd need to check his lease.

Half-cocked · Dec 1, 2010

DocPeanut said:
The mall has about 15 stores left. Everyone basically shut the doors in the mall

And the morons who caused it, wonder "why?" (It's because you don't sh*t on your own plate, idiots.)

I worked close to the mall throughout the 90's, and watched it begin the decline after the metro went in, then fall into the abyss when Randallstown began encroaching on it.

tcc722 · Dec 1, 2010

Half-cocked said:
And the morons who caused it, wonder "why?" (It's because you don't sh*t on your own plate, idiots.)

I worked close to the mall throughout the 90's, and watched it begin the decline after the metro went in, then fall into the abyss when Randallstown began encroaching on it.

Yep, I'm from Carroll County too. I can remember not so long ago going to that mall and it wasn't half bad. Its worthless now. Give it another 10yrs, and it will be like Security.

My friend is checking with subway, and his lease, and then is going to apply for a carry permit. He's even going to come up my way in the next couple weeks to try out some handguns, to see what feels right. Moving in the right direction.... Thanks

jimbobborg · Dec 1, 2010

Wow, that sounds like Springfield Mall now. I went to the Bass Pro Shop there a few years ago, it seemed like a nice place.

Jim

mikec · Dec 1, 2010

tcc722 said:
Yep, I'm from Carroll County too. I can remember not so long ago going to that mall and it wasn't half bad. Its worthless now. Give it another 10yrs, and it will be like Security.

My friend is checking with subway, and his lease, and then is going to apply for a carry permit. He's even going to come up my way in the next couple weeks to try out some handguns, to see what feels right. Moving in the right direction.... Thanks

I would suggest that the guy take some defensive shooting classes.

Handgun in a store? CCW question?

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